Comp Claim To Tackle?

Call Sawers & Sackel.

Can you file a workers’ compensation claim if injured while working from home?

On Behalf of | Aug 11, 2020 | Workers' Compensation

With precautions related to COVID-19, more people than ever are working from home. This can raise questions about workers’ compensation.

What happens if you are injured while working from home? What kind of injuries can a person suffer while working from home? Will workers’ compensation benefits still be available?

Would an injury incurred while working from home qualify for workers’ comp benefits?

While there is no reason to think workers’ compensation would not cover people working from home, the process of obtaining benefits in these situations may be more difficult.

New York workers’ compensation covers most who are working within the state for a for-profit enterprise. Although there is no residency requirement as such, if your work needs to be done within the limits of the state, you may have to live in the state for a work-related injury to be covered while working from home.

What are the challenges in obtaining workers’ compensation for work-from-home injuries?

An essential component of eligibility for workers’ comp benefits is that your injury occurred while working, not outside of normal working routine. If you have been injured on the job while working from home, the biggest challenge you will face will be proving you were injured while performing regular job duties during regular working hours.

Since employers and insurance companies are notoriously reluctant to grant benefits even under normal circumstances, proving that you got injured while on the job could be extremely difficult if you were working from home when the injury occurred.

How to proceed with a claim

If you have been hurt while working from home, the best thing you can do is speak with a workers’ compensation attorney who can assess your claim and help you get the benefits you deserve.